SHAGAN LAL Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS order shall dispose of a bunch of 12 appeals, as the same arise out of a common acquisition.

(2.) BRIEFLY , the facts are that land measuring 8 kanals 13 marlas, falling in village Painchanwali, Tehsil Fazlika, District Ferozepur, was acquired vide notification dated 11.9.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') for public purpose. The Land Acquisition Collector (for short, 'the Collector') awarded Rs. 5 lac per acre as compensation for the acquired land. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned Additional District Judge, Ferozepur, who keeping in view the material placed on record by the parties, determined the fair value @ Rs. 10,000/ - per marla. It is this award, which is impugned in the present set of appeals.

(3.) RELIANCE was placed upon sale -deeds, Ex.A -15, 17 and 18 vide which plots were sold in the grain market at Fazlika. It was further submitted that the grain market was situated outside the municipal area whereas the land in question was situated within the heart of the town. He further submitted that even the sale -deeds produced by the State, Ex.R1 and R2, for plots measuring 300 square feet and 400 square feet, clearly establishes that the area was quite thickly populated where the land or shops were being sold in the form of small plots. The average sale consideration paid in Ex. R1 was Rs. 66.67 per square feet whereas in Ex.R2, it was Rs. 50/ - per square feet. He further submitted that the learned court below had devised a new formula for applying cut as total acquired land was 173 marlas out of which the learned court below directed deduction of 20% i.e. 33 marls and ordered payment of compensation only for 140 marlas. He further submitted that the land for extension of grain market was acquired vide notification dated 9.12.1987 for which the Collector had assessed the market value of the acquired land at Rs. 1,10,400/ - per acre which was enhanced to Rs. 8/ - per square feet by the Additional District Judge. Further this Court in RFA No. 2368 of 1991 Sudhir Kumar v State of Punjab and Anr. decided on 29.3.1993, Ex.AX -5 had determined the value of the acquired land therein at Rs. 64/ - per square feet. The aforesaid judgment attained finality as the State did not challenge the same any further. The acquisition in the present case being 1 year 9 months thereafter and the land also being located at more strategic place, the landowners are entitled to further increase thereon. It was further submitted that the observations of the learned court below for granting lesser compensation to the landowners here inspite of the fact that the land is strategically located within the heart of the town are totally perverse. It was mentioned in the judgment that the grain market is posh business center whereas the acquired land is situated close to Civil Court complex, Tehsil Complex and Sub -Jail and it is a known fact that persons of bad character are lodged in the jails and visit courts and tehsil Complex.